The Supreme Court heard oral arguments for and against President Donald Trump‘s sweeping tariff scheme on Wednesday. In what could be a monumental break, the conservatives on the bench appear skeptical of the Trump administration’s justifications.
Though Congress typically sets import duties, the administration has argued that Trump can impose tariffs under the president’s emergency powers. They cite the International Emergency Economic Powers Act, saying it allows a president to regulate imports during a time of crisis.
Chief Justice John Roberts seemed to disagree on Tuesday, noting that “the imposition of taxes on Americans” has always “been the core power of Congress.”
“The statute doesn’t use the word tariff,” Roberts said.
Associate Justice Neil Gorsuch voiced his concerns about the usurpation of Congressional powers.
“As a practical matter, in the real world, it can never get that power back,” Gorsuch said. “The president’s a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected representatives,” he said.
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Trump called the Supreme Court decision “one of the most important in the History of the Country,” and claimed that removing his tariffs would lead to “ruination.”
“If a President is not allowed to use Tariffs, we will be at a major disadvantage against all other Countries throughout the World, especially the “Majors.” In a true sense, we would be defenseless,” Trump said in a lengthy Truth Social post.
